Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In Idaho, the execution of judgment is governed by the Idaho Rules of Civil Procedure and relevant state statutes. When a judgment creditor wishes to enforce a judgment for the payment of money, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets belonging to the judgment debtor. The seized assets may include personal property, real estate, and wages. The sheriff or constable may then sell the non-exempt property at a public auction to satisfy the judgment. Certain property is exempt from execution under Idaho law, such as a portion of the debtor's homestead, personal belongings, and tools of the trade up to specific values. The proceeds from the sale are used to pay the judgment creditor, after deducting the costs of the execution process. If the proceeds are insufficient to cover the judgment, the creditor may continue to seek other assets of the debtor. It is important for judgment creditors and debtors to be aware of the specific procedures and exemptions that apply under Idaho law.